Dempsey v. Pagefreezer Software Inc.
Nathan K. Dempsey
Law Firm / Organization
Self Represented
Pagefreezer Software Inc.
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Noah Entwisle

Michael Riedijk
Law Firm / Organization
McInnes Cooper
Lawyer(s)

Noah Entwisle

Issue: Mr. Dempsey requested a stay of an Execution Order registered in Nova Scotia based on a judgment from British Columbia, arguing that his application for leave to appeal to the Supreme Court of Canada justified the stay.

Key Points:

  • Background: Dempsey was sued successfully in British Columbia, and the judgment was registered in Nova Scotia for enforcement, leading to the issuance of an Execution Order.
  • Dempsey's Argument:
    • He sought a stay of enforcement in Nova Scotia pending his appeal to the Supreme Court of Canada.
    • He claimed the BC courts did not address the merits of his case and argued this affected public confidence in the legal system.
  • Court's Findings:
    • The court acknowledged Dempsey’s self-representation but found no strong grounds to grant the stay.
    • His application for leave to appeal to the Supreme Court was unlikely to succeed, as such appeals are granted only for issues of national importance, which was not demonstrated here.
    • Dempsey failed to show he would suffer irreparable harm or that the balance of convenience favored a stay.
  • Decision: The motion to stay the Execution Order was dismissed. Dempsey was ordered to pay $500 in costs.
Supreme Court of Nova Scotia
Hfx No. 523054
Civil litigation
$ 500
Respondent